A Court is naked and exposed without jurisdiction. It is therefore the general rule to determine jurisdiction first whilst it is an exceptional rule to take steps in defending of protecting the authority of the court first before jurisdiction. However, in recent times, there appears to be a move or a shift by the courts away from the general principle of law which state that the issue of jurisdiction must be determined first before taking any other step in the proceedings. This is due to some unscrupulous litigants who perch on the general principle of objection of jurisdiction to intentionally delay litigation and prosecutions of cases to the annoyance of their adversaries and in most cases resulting to abuse of court processes. In such cases the litigants are bent to drag the issue of jurisdiction up to the Apex Court while the substantive matter is stayed in the trial court thereby resulting in delay of cases. In order to honour the time adage of “justice delayed is just denied,” some courts have employed the practice of hearing preliminary objections on jurisdiction along with the substantive matter but decide the issue of jurisdiction first in the judgment. Some courts also in the spirit of quick dispensation of justice, have also made Rules of Court which have provided for the consolidation of preliminary objection with any other court process where the other process is an originating summons where the facts are not in dispute. See Order 29 Rule 1 of the Federal High Court Rules, 2009; Inakoju vs. Adeleke (2007) 4 NWLR (Pt. 1025) 423, First Inland Bank Plc. vs. Alliance International Nigeria Limited delivered on 23/1/2013 in CA/E/96/2009.
– T. Akomolafe-Wilson, JCA. Onnoghen v. FRN (2019) – CA/A/44C/2019